ResMed files suits in continued patent spat with Fisher & Paykel

ResMed (NYSE:RMD) said late last week it filed a patent infringement petition with the US International Trade Commissions against competitor Fisher & Paykel Healthcare (NZE:FPH) in a continued spat between the companies.

San Diego-based ResMed said they also filed a new lawsuit against Fisher & Paykel seeking monetary damages related to patent infringement from the company, as well as an injunction blocking future sales of the masks in the US.

The infringement suits relate to respiratory device face masks, specifically Fisher & Paykel’s Simplus full mask and the Eson and Eson 2 nasal masks, which ResMed claims infringes on its patents. ResMed said its ITC petition also seeks to block the importation of devices from New Zealand-based Fisher & Paykel.

“ResMed provides millions of consumers with high-quality products, which are the direct result of substantial and sustained investments in research and development, as well as a focus on each consumer’s therapy needs. We will defend our intellectual property wherever necessary to ensure that patients worldwide continue to receive the high-quality care they deserve, and are confident that when the ITC and the District Court hear all the evidence, ResMed will prevail in these cases,” ResMed global GC and chief administrative officer David Pendarvis said in a press release.

Fisher & Paykel responded to the filings by saying that it will contest the patent allegations in both venues.

“Fisher & Paykel Healthcare respects the valid intellectual property rights of others, and we are confident in our position with respect to ResMed’s patents given the rigorous clearance we conduct before any product is released to market. We are well prepared to vigorously contest these claims,” Fisher & Paykel Healthcare managing director & CEO Lewis Gradon said in a press release.

Fisher & Paykel adjusted its fiscal-year 2019 net profit expectations to take into account legal costs, expecting to bring in between $134.4 million (NZ $205 million) and $137.6 million (NZ $210 million), down from earlier expectations of $140.9 million (NZ $215 million).

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